                                 CODE OF VIRGINIA

CHOICE (§ 38.2-6509)

A. In accordance with &#xA7; 1312(f)(2)(A) of the Federal Act, a qualified
employer may either designate one or more qualified health plans from which its
eligible employees may choose or designate any level of coverage to be made
available to eligible employees through an Exchange.

B. In accordance with &#xA7; 1312(b) of the Federal Act, a qualified individual
enrolled in any qualified health plan may pay any applicable premium owed by
such individual to the health carrier issuing such qualified health plan.

C. In accordance with § 1312(d) of the Federal Act:

   1. This section shall not prohibit:
   				a. A health carrier from offering outside of an Exchange a health benefit
   plan to a qualified individual or qualified employer; or
   				b. A qualified individual from enrolling in, or a qualified employer from
   selecting for its eligible employees, a health benefit plan offered outside of
   an Exchange; and

   2. This section shall not limit the operation of any requirement under state
   law or regulation with respect to any policy or plan that is offered outside
   of the Exchange with respect to any requirement to offer benefits.

D. Nothing in this section shall restrict the choice of a qualified individual
to enroll or not to enroll in a qualified health plan or to participate in an
Exchange.

E. Nothing in this section shall compel an individual to enroll in a qualified
health plan or to participate in an Exchange.

F. A qualified individual may enroll in any qualified health plan, except that
in the case of a catastrophic plan described in &#xA7; 1302(e) of the Federal
Act, a qualified individual may enroll in the plan only if the individual is
eligible to enroll in the plan under &#xA7; 1302(e)(2) of the Federal Act.

G. In accordance with § 1312(e) of the Federal Act, the Exchange may, for a
licensed agent who agrees to comply with regulatory requirements, including
advance registration with the Exchange, completion of training, and adherence to
privacy and security standards set by the Exchange, allow such licensed agents:

   1. To enroll qualified individuals and qualified employers in any qualified
   health plan or any qualified dental plan offered through the Exchange for
   which the individual or employer is eligible; and

   2. To assist qualified individuals in applying for premium tax credits and
   cost-sharing reductions for qualified health plans purchased through the
   Exchange.

HISTORY: 2020, cc. 916, 917.